Tuesday, April 29, 2014
China's New Trademark Law Enters Into Effect on May 1, 2014
The People's Republic of China has a new Trademark Law that enters into effect on May 1, 2014. The new law has some fairly important goals:
- It improves and streamlines the registration process;
- It attempts to deter trademark hijacking by imposing principles of good faith on trademark filings;
- It clarifies rules on "well-known trademarks";
- It increases the fines for trademark infringement to six times the previous limits; and
- It increases the kinds of things that can be trademarked, including sounds.
Right now there is only one English translation of the law, and it's available in a new book from Carolina Academic Press. It's called, amazingly enough, Chinese Trademark Law: The New Chinese Trademark Law of 2014. Your local law library may already have a copy or you can order your own from Carolina Academic Press. In addition to an English translation of the new law, the book includes practical advice and helpful tips for anyone wishing to protect their trademarks in the Chinese market.
Paul Kossof, "Chinese Trademark Law: The New Chinese Trademark Law of 2014," (Carolina Academic Press, Durham, North Carolina 2014). ISBN 978-1-61163-566-9.
Click here for more information about the book on Chinese Trademark Law.
Mr. Kossof has also written a book on Chinese Legal Research. That book will be published in July 2014 and will be particularly useful for legal researchers who do not speak Chinese.